Allahabad High Court
Salman @ Prince vs State Of U.P. on 22 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8764 of 2018
Applicant :- Salman @ Prince
Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinay Kumar,Ram Prakash Singh,Satya Dheer Singh Jadaun
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the FIR. His name came into light during investigation in the statement of informant Raja Ram Pal. Informant has made allegation of hatching conspiracy against the applicant. The main role of causing gun shot injury to the deceased has been assigned to co-accused Vishal Ghodi, Shivam Yadav and Rishabh. The applicant had not caused any injury to the deceased. In the statement of witness Raghvendra Singh it has come that the applicant and co-accused Nitesh @ Golu, Amit Verma @ Bhola, Shailendra Yadav and Ashish Singh were standing in market at several places and they have detained the passerby and shop-keepers on gun point. After hearing that the deceased had been killed the applicant and other co-accused escaped away. It has further been submitted that except this there is no other cogent evidence against the applicant. In fact, the applicant has no motive to commit the alleged offence. The co-accused Ashish Singh, Shailendra Yadav, Nitesh @ Golu having identical role have already been released on bail by another bench of this court vide orders dated 21.2.2018, 22.3.2018 and 5.3.2018 in Criminal Misc. Bail Application Nos. 6434 of 2018, 10121 of 2018 and 6750 of 2018 respectively, therefore, the applicant is also entitled for bail on the ground of parity. The criminal history of the applicant has been explained in para 23 of the affidavit filed in support of bail application. The applicant is in jail since 16.9.2017.
Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Ashish Singh, Shailendra Yadav and Nitesh @ Golu having identical role have already been released on bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Salman @ Prince involved in Case Crime No. 996 of 2017, under section 147, 148, 149, 302, 120B IPC and Section 7 Criminal Law Amendment Act, P.S. Chakeri, District Kanpur Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 22.5.2019
Masarrat
